

blogging from a remote outpost in the midwest since January 2004
Just yesterday, re-watching the last episode of my favorite TV show, "The Comeback," I said, "Valerie Cherish is my favorite TV character, ever."
"Really? What about Seinfeld?"
"No." I thought back over all the TV characters I could remember to see if anyone meant so much to me and said, "There's only one other person I can think of: Maynard G. Krebs."
The cases will be posted on the Court's website, here. And here's the live-blogging at SCOTUSblog.
Here's Grok's summary of the remaining cases — birthright citizenship, racial gerrymandering, the nondelegation doctrine, Obamacare, access to on-line porn, and parents opting their kids out of woke school lessons.
UPDATE 1: "Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, are broader than necessary to provide complete relief to each plaintiff with standing to sue" — Trump v. CASA. This is the "birthright citizenship" case, but it did not address the issue "whether the Executive Order violates the Citizenship Clause or Nationality Act. Instead, the issue the Court decides is whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions." Decided 6-3 (in the usual 6-3 breakdown).
From Justice Barrett's opinion: The universal injunction was conspicuously nonexistent for most of our Nation’s history. Its absence from 18th- and 19th-century equity practice settles the question of judicial authority. That the absence continued into the 20th century renders any claim of historical pedigree still more implausible. Even during the “deluge of constitutional litigation that occurred in the wake of Ex parte Young, throughout the Lochner Era, and at the dawn of the New Deal,” universal injunctions were nowhere to be found....Had federal courts believed themselves to possess the tool, surely they would not have let it lay idle."
Addressing Justice Jackson's dissent, Barrett writes: "JUSTICE JACKSON decries an imperial Executive while embracing an imperial Judiciary. No one disputes that the Executive has a duty to follow the law. But the Judiciary does not have unbridled authority to enforce this obligation—in fact, sometimes the law prohibits the Judiciary from doing so. See, e.g., Marbury v. Madison, 1 Cranch 137 (1803) (concluding that James Madison had violated the law but holding that the Court lacked jurisdiction to issue a writ of mandamus ordering him to follow it). But see post, at 15 (JACKSON, J., dissenting) ('If courts do not have the authority to require the Executive to adhere to law universally, . . . compliance with law some-times becomes a matter of Executive prerogative'). Observing the limits on judicial authority—including, as relevant here, the boundaries of the Judiciary Act of 1789—is required by a judge’s oath to follow the law. JUSTICE JACKSON skips over that part. Because analyzing the governing statute involves boring 'legalese,' post, at 3, she seeks to answer 'a far more basic question of enormous practical significance: May a federal court in the United States of America order the Executive to follow the law?' Ibid. In other words, it is unnecessary to consider whether Congress has constrained the Judiciary; what matters is how the Judiciary may constrain the Executive. JUSTICE JACKSON would do well to heed her own admonition: '[E]veryone, from the President on down, is bound by law.' Ibid. That goes for judges too."
UPDATE 2: Kennedy v. Braidwood rejects the Appointments Clause challenge to the U. S. Preventive Services Task Force. The members of the task force are deemed "inferior officers," thus not needing appointment by the President and Senate confirmation. This one is 6-3 in an unusual way. Sotomayor, Kagan, and Jackson join the majority opinion written by Kavanaugh (and also joined by Roberts and Barrett). The dissenters are Thomas, Alito, and Gorsuch.
UPDATE 3: FCC v. Consumers' Research — "The universal-service contribution scheme does not violate the nondelegation doctrine." Another 6-3 the unusual way — with a dissent from Thomas, Alito, and Gorsuch.
UPDATE 4: Mahmoud v. Taylor, 6-3, the usual way. "Parents challenging the Board’s introduction of the 'LGBTQ+-inclusive' storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction." Justice Alito writes for the majority:
The Board of Education of Montgomery County, Maryland (Board), has introduced a variety of “LGBTQ+-inclusive” storybooks into the elementary school curriculum. These books—and associated educational instructions provided to teachers—are designed to “disrupt” children’s thinking about sexuality and gender. The Board has told parents that it will not give them notice when the books are going to be used and that their children’s attendance during those periods is mandatory. A group of parents from diverse religious backgrounds sued to enjoin those policies. They assert that the new curriculum, combined with the Board’s decision to deny opt outs, impermissibly burdens their religious exercise.
Today, we hold that the parents have shown that they are entitled to a preliminary injunction. A government burdens the religious exercise of parents when it requires them to submit their children to instruction that poses “a very real threat of undermining” the religious beliefs and practices that the parents wish to instill. Wisconsin v. Yoder, 406 U. S. 205, 218 (1972). And a government cannot condition the benefit of free public education on parents’ acceptance of such instruction. Based on these principles, we conclude that the parents are likely to succeed in their challenge to the Board’s policies....
I added the boldface. The school was so out front in its desire to reprogram children. They must have been pious believers... or at least people who felt called to pose as pious believers.
UPDATE 5: Free Speech Coalition v. Paxton, 6-3, the usual way, upholding the Texas law that restricts access to on-line porn. How do you exclude minors without burdening access for everyone? Here, the state required age verification. "But adults have no First Amendment right to avoid age verification. Any burden on adults is therefore incidental to regulating activity not protected by the First Amendment. This makes intermediate scrutiny the appropriate standard under the Court’s precedents." And the law "advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests."
Kagan writes in dissent: "[I]f a scheme other than H. B. 1181 can just as well accomplish that objective and better protect adults’ First Amendment freedoms, then Texas should have to adopt it (or at least demonstrate some good reason not to). A State may not care much about safeguarding adults’ access to sexually explicit speech; a State may even prefer to curtail those materials for everyone. Many reasonable people, after all, view the speech at issue here as ugly and harmful for any audience. But the First Amendment protects those sexually explicit materials, for every adult. So a State cannot target that expression, as Texas has here, any more than is necessary to prevent it from reaching children."
UPDATE 6: The racial gerrymandering case — Louisiana v. Callais — will be reargued. Justice Thomas, alone, dissents: "These cases also warrant immediate resolution because, due to our Janus-like election-law jurisprudence, States do not know how to draw maps that 'survive both constitutional and VRA review.'"
“His campaign has attracted Jewish New Yorkers of all types,” wrote Jay Michaelson, a columnist at the Jewish newspaper The Forward. The rabbi who runs my son’s Hebrew school put Mamdani on his ballot, though he didn’t rank him first. And while Mamdani undoubtedly did best among left-leaning and largely secular Jews, he made a point of reaching out to others....
So it has been maddening to see people claim that Mamdani’s win was a victory for antisemitism.... Ultimately.... New York’s Democratic primary wasn’t about Israel....
The attacks on Mamdani during the primary were brutal, but now that he’s a national figure, those coming his way will be worse. His foes will try to leverage Jewish anxieties to smash the Democratic coalition.... But don’t forget that the vision of this city at the heart of Mamdani’s campaign — a city that embraces immigrants and hates autocrats, that’s at once earthy and cosmopolitan — is one that many Jews, myself included, find inspiring....
Earthy.
I was moved to unearth every "earthy" in the 21-year archive of this blog. They're all quotes of other people. I've never once used the word (except for one instance, now corrected, where I clearly meant to type "earthly" ("I didn't think you would be terribly sad to see that Robert Blake has left the earthy scene")).
WaPo reports. Free-access link.
At issue for the justices was whether a provision of the federal Medicaid Act allows individual Medicaid patients to sue to obtain care from their provider of choice.... Several justices during oral argument seemed eager to provide clarity to help lower courts determine when a statute simply confers a benefit to an individual and when it goes further, empowering those individuals to sue to enforce that benefit or right. The Supreme Court has typically set a high bar for allowing lawsuits against the government, seeking to shield public officials from liability....
The Jeff Bezos-Lauren Sánchez (circa $56 million) Venice-sinking nuptials, tying up every tender on the Grand Canal (and 90 private jets expected), is the big beautiful buster bomb of high-net-worth exhibitionism. Now that the 55- year-old bride Sánchez has proved that landing the fourth richest man in the world requires the permanent display of breasts like genetically modified grapefruit and behemoth buttocks bursting from a leopard-print thong bikini, she’s exuberantly and unapologetically shown that the route to power and glory for women hasn't changed since the first Venetian Republic.
***
Sailin’ round the world in a dirty gondola/Oh, to be back in the land of Coca-Cola!JD Vance just threw up the MIDDLE FINGER live on national TV.
— Brian Allen (@allenanalysis) June 25, 2025
“In D.C., they have this thing where, I think it means we’re number one, all the pink-haired people throw up this sign…” proceeds to flip off the camera
You can’t make this up. The Vice President of the United… pic.twitter.com/PPqlLHHLrl
🚨 LMAO! Marco Rubio absolutely LOST his composure in the background as Trump is asked about NATO Secretary General calling him "daddy." 🤣
— Eric Daugherty (@EricLDaugh) June 25, 2025
REPORTER: "Mark Rutte, the NATO Chief, he called you 'daddy' earlier...Do you regard your NATO allies as children?"
RUBIO: 🤣🤣🤣
TRUMP:… pic.twitter.com/eJEtjQqjeL
The media seem to be overeager to undercut Trump's accomplishment by saying that he said the word "obliteration" but there's actually — possibly — something left.
From this morning's news: "Trump reveals Israel sent agents to Iran’s bombed nuclear sites to confirm their 'total obliteration.'"
He seems determined not to abandon his word of choice, "obliteration."
How literally do we take "obliteration"? Really hardcore literalism would require that the thing be wiped from human memory. "Ob-" means against and "littera" means letter. Strike out the text. It's what Orwell's "memory hole" did.
So how have we been using the word "obliterate" in recent years? Here's what I've noticed in the past 2 decades, just 11 examples taken from this blog's archive.
1. Quoting Hillary Clinton: "If [Obama] does not have the gumption to put me in my place, when superdelegates are deserting me, money is drying up, he’s outspending me 2-to-1 on TV ads, my husband’s going crackers and party leaders are sick of me, how can he be trusted to totally obliterate Iran and stop Osama?"
BREAKING: Andrew Cuomo has conceded meaning former rapper and socialist Zohran Mamdani will win the New York City Democratic primary.
— Collin Rugg (@CollinRugg) June 25, 2025
The 33-year-old state rep has bold new plans for New York City, including city owned grocery stores.
Mamdani has a controversial past, including… pic.twitter.com/9wmHXdaCwL
I'm reading "Democrats fume at 'unserious' Trump impeachment vote" (Axios).
128 Democrats sided with House Republicans to block Rep. Al Green (D-Texas) from bringing a Trump impeachment vote, including most of Democratic leader...
Green's five-page measure argued that Trump "disregarded the doctrine of separation of powers by usurping Congress's power to declare war."...
Make a list of all the Presidents who should have been impeached if things like what Trump did to Iran is a basis for impeachment.
Green told Axios in an interview he doesn't have "one scintilla of regret" about forcing the vote, adding that it "does not in any way cause me any degree of consternation to be criticized."
When last I noticed Al Green, he was interrupting Trump's address to Congress and waving a cane at him.
Did that register any degrees on the consternation meter?Rep. Al Green (D-TX) getting rightly removed from President Trump’s speech really illustrates the demise of the Democrat Party.
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) March 5, 2025
They are out of ideas. They can’t offer anything positive for America so they try to ruin it.
Al Green needs to be censured and hopefully expelled. pic.twitter.com/CV15kVsz9x
He's a man without consternation. He's a man who doesn't know how to sell an accusation.
AND: In Greener pastures:
OMG!!! 😂😂😂😂😂 pic.twitter.com/a1PbaFTjpP
— Ron Filipkowski (@RonFilipkowski) June 24, 2025
Mr. Netanyahu’s office said that Iran had fired missiles after the cease-fire took effect, and that the Israeli military had retaliated by striking a radar system near Tehran. Iran’s military denied violating the cease-fire, and Mr. Netanyahu’s statement indicated that Israel’s retaliation was limited. That appeared to suggest that the two sides — both of which claim to have prevailed in the conflict — want the truce to hold. In a Truth Social post, Mr. Trump said that Israel “is not going to attack Iran” and that “all planes will turn around and head home.”
JUST IN 🇺🇸🇮🇷🇮🇱: US PRESIDENT TRUMP DOES REALLY HARD AT ISRAEL. 🥶 #Iran #Israel #Trump pic.twitter.com/P77w3PqNLM
— RAJAT (@IRajatJain) June 24, 2025
The fate of a truce announced by President Trump that went into effect early Tuesday hung in the balance, as the Israeli military said Iran had fired another missile barrage and vowed to retaliate.
The claim from Israel’s military came just hours after the country had joined Iran in agreeing to the truce, spurring cautious hopes for an end to 12 days of unprecedented warfare between the adversaries, and as both sides seemingly claimed victory in the conflict. Iran’s military denied firing missiles after the cease-fire went into effect, according to Iranian state news outlets — adding to the uncertainty....
UPDATE: An hour after the post quoted above, Trump posted:
And immediately after that:ISRAEL is not going to attack Iran. All planes will turn around and head home, while doing a friendly “Plane Wave” to Iran. Nobody will be hurt, the Ceasefire is in effect! Thank you for your attention to this matter! DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES.
IRAN WILL NEVER REBUILD THEIR NUCLEAR FACILITIES!
.@VP reacts to the Israel-Iran ceasefire agreement announced by President Trump: "The President without ... having a single American casualty obliterated the Iranian nuclear program. We are now in a place where we weren't a week ago." pic.twitter.com/a5G88FfKuE
— Rapid Response 47 (@RapidResponse47) June 23, 2025
Elon Musk says Tesla’s fleet will be part Uber, part Airbnb
— Dima Zeniuk (@DimaZeniuk) June 22, 2025
Tesla owners can easily add their vehicles to the autonomous fleet through the app when not using them.
They’ll earn money—often more than their monthly payment, while Tesla takes a small cut pic.twitter.com/j0tD7V3Onl
George W. Bush, 2003: "We’re not occupying Iraq. We’re liberating it."
Barack Obama, 2013: "This is not a war on terror. It’s a campaign against specific networks like al-Qaeda."
Bill Clinton, 1999: "This is not a war. It’s a humanitarian intervention."
Benjamin Netanyahu, 2014: "We’re not fighting the Palestinian people. We’re fighting Hamas.”
Ronald Reagan, 1980s: "We’re not waging war against Nicaragua. We’re supporting freedom fighters."
Chairman of the Joint Chiefs of Staff John Dan “Razin” Caine describes OPERATION MIDNIGHT HAMMER.
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) June 22, 2025
Iran’s nuclear facilities got nailed.pic.twitter.com/tx1bQo2525
NEW: Lawyer is speechless after he accidentally calls a Colorado judge "honey" while arguing whether or not a violent s*xual assault counts as one act or can be broken into multiple acts.
— Collin Rugg (@CollinRugg) June 21, 2025
So awkward.
Judge Terry Fox was seen holding back laughter during the incident.
Lawyer:… pic.twitter.com/6FJQyIiPds